Accused 'acted in self-defence'

The defence counsel of a man standing trial for attempted murder yesterday argued their client had acted in self-defence when he used a penknife against a man and seriously injured him.

In a defence speech, Dr José Herrera - who is representing Noel Mizzi together with Dr Roberto Montalto - told jurors that the defence was not contesting that Mr Mizzi had stabbed and injured Albert Mark Sammut.

Dr Herrera skimmed through the evidence heard by jurors and outlined a scenario in which Mr Mizzi was insulted by Mr Sammut who incited him to meet him at a bar and eventually walked towards him armed with a beer bottle. This was a classic case of self-defence, he held.

Mr Mizzi, 29, of Zurrieq is pleading not guilty to the attempted murder of Mr Sammut when he stabbed him with a penknife in Paceville on April 21, 2002.

During yesterday's sitting jurors heard the conflicting versions of the accused and the victim.

Mr Sammut was the last witness of the prosecution to take the stand. He explained how a month before the incident he started dating Rachel Schembri when she confirmed to him that she was no longer seeing Mr Mizzi.

On the day, Mr Sammut said, he was at Footloose bar in Paceville with his friends Daren Ellul, Chris Desira, Emmanuel Vella and Ms Schembri .

Ms Schembri had been instigating him against Mr Mizzi so, Mr Sammut said, he decided to face Mr Mizzi, especially since they had argued a year before even though the situation had been improving. So he sent him a text message asking him to go to Footloose.

He explained that he often phoned his friend Mr Vella who worked with Mr Mizzi and who had the same mobile number as Mr Mizzi but with a different prefix. At times when Mr Vella's phone was off the call was diverted onto Mr Mizzi's.

Mr Sammut went on to explain that after he sent the message, he was talking to the bar man when he felt someone push him and turned to see Mr Mizzi ready to fight so he (Mr Sammut) pushed him back and bouncers kicked Mr Mizzi out.

"I stayed in the bar with Daren. Rachel and Emmanuel vanished and Chris left the bar. Then my mobile started ringing and showed a private number. I went outside to speak. When I was outside my phone rang and showed Noel's number," he said.

When he answered the phone Mr Mizzi told him that he was across the road and to go there using vulgar language.

Mr Sammut walked towards him and they started fighting. He did not remember who threw the first punch but recalled that Mr Mizzi had something in his hand.

"Seconds passed, Noel ran off and I was going to run after him but Daren told me I was bleeding and when he lifted my sleeve the blood started squirting out and Daren told me I had a big gash... I also started bleeding from my stomach."

Mr Sammut denied carrying a bottle when he walked out of the bar.

Noel Mizzi then took the witness stand and explained that he had known Mr Sammut for about six years as they both were van drivers.

About a year before the incident their relationship changed for the worse following an argument over a trip to the airport. Sometime after the argument Mr Sammut had threatened to stab him and, in light of this threat, he bought a penknife.

Some time before the incident Mr Mizzi said he started receiving threatening phone calls from an unknown number and "coincidentally" Mr Sammut started calling him by mistake when he really meant to phone Mr Vella who had a similar mobile number.

On the day of the incident he was having a drink at a bar in Mqabba when he received a text message from Mr Sammut at about 8.20 p.m. inviting him to Footloose. He called Mr Sammut and asked him to leave him alone but Mr Sammut told him to go if he was man enough.

He went and took the penknife with him because Mr Sammut's threat (that he would stab him) rang in his ears. When he arrived at the bar Mr Sammut insulted him, hit him and the bouncers shoved him (Mr Mizzi) out. He said he did not see Ms Schembri, whom he had been seeing for about two years, in the bar.

While he was outside he met Mr Desira and told him that all he wanted was to be left alone. He then phoned Mr Sammut on his mobile and told him that he had come to speak man to man and would like to be left in peace.

Minutes later, Mr Sammut went outside and headed towards him with a bottle of Heineken in one hand. Mr Sammut started beating him and that was when he took out the penknife from his pocket and stabbed Mr Sammut.

The trial is expected to move towards a verdict today when Mr Justice Joseph Galea Debono, who is presiding, sums up the trial to jurors.

Assistant Attorney General Anthony Barbara is prosecuting.